2005 Nevada Revised Statutes - Chapter 460 — Human Blood, Blood Products and Body Parts

CHAPTER 460 - HUMAN BLOOD, BLOOD PRODUCTSAND BODY PARTS

GENERAL PROVISIONS

NRS 460.010 Procurement,processing, distribution or use of certain body parts or products constitutesservice; no implied warranties; limited liability.

NRS 460.020 Identifyingdata concerning person with history of viral hepatitis may be furnished toblood bank; confidentiality and unlawful use of data; penalty.

NRS 460.030 Personswho store or transfuse products made from blood: Records of receipt anddisposition; tests; equipment.

NRS 460.040 Donationwithout consent of parent or guardian.

ANATOMICAL GIFTS; POWERS AND DUTIES OF BUREAU OF CONSUMERPROTECTION

NRS 460.100 Definitions.

NRS 460.110 Anatomicalgift defined.

NRS 460.120 Bureaudefined. [Repealed.]

NRS 460.130 ConsumersAdvocate defined. [Repealed.]

NRS 460.133 Deandefined.

NRS 460.139 School of Medicine defined.

NRS 460.140 Dutiesof School of Medicine; donor defined.

NRS 460.150 Gifts,grants, appropriations and donations: Authority of School of Medicine; Anatomical Gift Account; disposition of money and claims.

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GENERAL PROVISIONS

NRS 460.010 Procurement,processing, distribution or use of certain body parts or products constitutesservice; no implied warranties; limited liability. Theprocurement, processing, distribution or use of any:

1. Whole human blood, plasma, blood product or bloodderivative for the purpose of injection or transfusion; or

2. Tissue or organ for the purpose of transplantation,

into thehuman body constitutes, as to the transmission of infectious disease, therendition of a service and not a sale by every person participating therein,and no implied warranty of merchantability or fitness, nor any doctrine ofliability other than negligence or willful misconduct, applies to the service.

(Added to NRS by 1967, 1381; A 1971, 250; 1985, 1469;1989, 60)

NRS 460.020 Identifyingdata concerning person with history of viral hepatitis may be furnished toblood bank; confidentiality and unlawful use of data; penalty.

1. The State Board of Health, State Health Officer andany health authority, as defined in NRS439.005, may disseminate to any blood bank in the State of Nevada identifying data concerning any person with a history of viral hepatitis.

2. The State Board of Health shall, pursuant to NRS 441A.120, adopt regulationsspecifying the identifying data to be disseminated to blood banks pursuant tosubsection 1.

3. Any identifying data received by a blood bankpursuant to this section is confidential and may be used only for screeningprospective blood donors.

4. Any person who has access to identifying datadisseminated to a blood bank pursuant to this section and who divulges or usessuch information in any manner except to screen prospective blood donors isguilty of a misdemeanor.

(Added to NRS by 1975, 128; A 1989, 300)

NRS 460.030 Personswho store or transfuse products made from blood: Records of receipt anddisposition; tests; equipment. Any physician,hospital, clinic, surgical center for ambulatory patients or other organizationthat stores or transfuses products made from blood shall:

1. Maintain records of all serological tests and thereceipt and disposition of products made from blood in accordance with applicablestandards for laboratories published by the American Association of BloodBanks, in the form most recently published before January 1, 1983;

2. Test for compatibility and blood grouping; and

3. Be equipped with a refrigerator which regulates itsown temperature and warns of failure to maintain the prescribed temperature.

(Added to NRS by 1983, 599; A 1985, 1753)

NRS 460.040 Donationwithout consent of parent or guardian. Any personwho is 17 years of age or older may donate his blood without the consent of hisparent or guardian.

(Added to NRS by 1983, 599)

ANATOMICAL GIFTS; POWERS AND DUTIES OF BUREAU OF CONSUMERPROTECTION

NRS 460.100 Definitions. As used in NRS 460.100to 460.150, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 460.110, 460.133 and 460.139 have the meanings ascribed to themin those sections.

(Added to NRS by 2001, 680; A 2005, 243)

NRS 460.110 Anatomicalgift defined. Anatomical gift has the meaningascribed to it in NRS 451.513.

(Added to NRS by 2001, 680)

NRS 460.120 Bureaudefined. Repealed. (See chapter 88, Statutes of Nevada 2005,at page 246.)

 

NRS 460.130 ConsumersAdvocate defined. Repealed. (See chapter 88, Statutes of Nevada 2005,at page 246.)

 

NRS 460.133 Deandefined. Dean means the Dean of the School of Medicine or his designee.

(Added to NRS by 2005, 243)

NRS 460.139 School of Medicine defined. School of Medicine means the University of Nevada School of Medicine.

(Added to NRS by 2005, 243)

NRS 460.140 Dutiesof School of Medicine; donor defined.

1. The School of Medicine shall:

(a) Establish and carry out educational programsrelating to anatomical gifts;

(b) Establish and carry out local and statewideprograms to acknowledge publicly families of donors;

(c) Prepare and distribute information relating toanatomical gifts; and

(d) If the Dean determines that there is sufficientmoney in the Anatomical Gift Account created by NRS 460.150, pay the costs for thetransplantation of an organ or tissue, including the cost for any medicinerequired as a result of the transplantation.

2. As used in this section, donor has the meaningascribed to it in NRS 451.525.

(Added to NRS by 2001, 680; A 2005, 244)

NRS 460.150 Gifts,grants, appropriations and donations: Authority of School of Medicine; Anatomical Gift Account; disposition of money and claims.

1. The School of Medicine may apply for and accept anygifts, grants, appropriations or donations to assist the School of Medicine in carrying out programs relating to anatomical gifts.

2. Any money received by the School of Medicine for programs relating to anatomical gifts must be deposited in the State Treasury forcredit to the Anatomical Gift Account which is hereby created in the StateGeneral Fund. The Dean shall administer the Account.

3. The money in the Account must only be used to:

(a) Carry out the provisions of NRS 460.140; and

(b) Pay the costs, not to exceed 5 percent of theaverage balance of the Account for each fiscal year, incurred by the School of Medicine to administer programs relating to anatomical gifts.

4. The money in the Account must:

(a) Be invested as money in other state accounts isinvested; and

(b) Remain in the Account and does not revert to theState General Fund at the end of any fiscal year.

5. Each claim against the Account must be:

(a) Approved by the Dean before the claim is paid; and

(b) Paid as other claims against the State are paid.

(Added to NRS by 2001, 680; 2005, 244)

 

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